Assigned on Briefs July 9, 2019
from the Criminal Court for Shelby County No. 10-02660 James
M. Lammey Jr., Judge
Shelby County jury convicted the Petitioner, Quincy Howze, of
aggravated robbery, and the trial court sentenced him as a
Range II offender to serve twenty years at 100%. The
Petitioner appealed his convictions and sentence to this
court, and we affirmed the judgments. State v. Quincy
Howze, No. W2014-02449-CCA-R3-CD, 2015 WL 9173701 (Tenn.
Crim. App., at Jackson, Dec. 15, 2015), perm. app.
denied (Tenn. May 6, 2016). The Petitioner filed a
timely petition for post-conviction relief, which the
post-conviction court denied after a hearing. After review,
we affirm the post-conviction court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Terrell L. Tooten, Cordova, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Jose Franscisco Leon,
Assistant District Attorney General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the Court, in
which James Curwood Witt, Jr. and J. Ross Dyer, JJ., joined.
W. WEDEMEYER, JUDGE
Facts and Background
case originates from the Petitioner's robbery of a man in
the parking lot of a liquor store in Memphis, Tennessee.
following is a summary by this court of the facts presented
Cory Minga, the owner of F & G Liquors . . . testified
that in addition to selling liquor, the store's business
also included cashing checks. On July 22, 2009, around 9:00
a.m., Mr. Minga was working when a customer with whom he was
acquainted, John McGee (the victim), entered the store and
cashed a check. Shortly thereafter, the victim re-entered the
store, pale-faced and shaken, and informed Mr. Minga that he
had just been robbed in the parking lot. Mr. Minga called
9-1-1 and reported the robbery. Upon questioning by the 9-1-1
operator, Mr. Minga began to relay the answers supplied by
the victim, but he then passed the telephone to the victim so
that he could answer the questions directly. Mr. Minga
recalled that the victim described the gunman as being a
young, skinny black male. Officers from the Memphis Police
Department ("MPD") subsequently arrived and
gathered information from both men regarding the robbery.
Mr. Minga stated that the store was equipped with video
surveillance cameras. The recording captured the incident in
its entirety. Mr. Minga explained that [the Petitioner] first
drove past the liquor store and then backed his car into the
parking lot. When the victim exited the store, [the
Petitioner] walked up behind him before the victim could
enter his truck. Mr. Minga said that [the Petitioner] drove a
black four-door car with chrome wheels and mirror-tint on all
windows except for the driver's window. Prior to that
time, Mr. Minga had never seen a vehicle matching that
description in the area of his store. He saw the same car the
following week as it was driving down Belt Line Street and
turning onto Southern Avenue. Mr. Minga was on the telephone
with MPD Officer Veronica Crutchfield at the time, and he
indicated to the officer that he had just seen the vehicle.
Officer Crutchfield and her partner, Officer Jason Randolph,
had responded to the scene of the robbery. Based on that
information, [the Petitioner] was subsequently apprehended.
The victim testified that on the morning of the robbery, he
checked his post office box and then drove to the store to
cash his check. He recalled that as he exited the store, he
was about to insert his key into his truck's ignition
when someone walked up behind him and said, "'Give
me your wallet.'" The victim turned around and
observed a silver-plated .357 handgun aimed at his head. The
victim complied with the gunman's order, and the gunman
instructed the victim to get into his truck. The gunman
threatened, "'[L]ook straight ahead or [I'll] f*
* * * * * kill [you].'" The victim stated that the
contents of his wallet included $191 in cash, two debit
cards, his social security card, his voter registration card,
and some photographs. He said he turned over his property
because he "had a pistol pointed at [his] head, and [he]
feared for his life." He clarified that he was certain
of the caliber of the handgun based on his two tours of duty
with the United States Marine Corps. The ...